What Kind of Justices Might a President Obama Appoint? Senator Obama's Reactions to Recent Supreme Court Decisions Show that the Answer May Not Be Easily Predictable By EDWARD LAZARUS
FindLaw columnist, attorney, and author Edward Lazarus looks to Senator Barack Obama's reactions to the Supreme Court's recent string of blockbuster decisions for insights into how a possible President Obama might choose new justices for the Court. Lazarus notes that of three key end-of-term decisions, Obama reacted to only one in a traditionally liberal way -- agreeing with the Court's decision that Guantanamo detainees retain the right to invoke the writ of habeas corpus. In contrast, two other Obama positions were traditionally conservative: He supported a decision recognizing individual (not just militia) Second Amendment gun rights, and he opposed a decision holding unconstitutional the application of the death penalty to those convicted of raping children. Lazarus offers insight into what may have caused Obama to adopt these positions, and how Obama's apparent philosophy regarding the Court's role may influence his picks for Justices if he is elected president. View more Commentary »